There is bad news and good news for the Obama administration as it seeks to have Arizona’s controversial immigration enforcement law SB 1070 struck down by the U.S. Supreme Court.
The bad news: four out of the eight justices who heard the case today seemed to side squarely on the side of Arizona officials who say the state statute does not conflict with federal immigration law. (Justice Elena Kagan recused herself, likely because she was involved in the challenge while she was Obama’s solicitor general).
If, as it seemed, Chief Justice John G. Roberts, Jr. and Justices Antonin Scalia, Samuel Alito and presumably Clarence Thomas (Thomas does not speak during oral arguments, but he is a vocal opponent of the doctrine of implied preemption) are inclined to rule in favor of the state, the best the federal government can do in its challenge is tie – assuming noted swing voter Justice Anthony M. Kennedy votes in the administration’s favor.
But the good news is that a tie would be a win in this case. If the Court splits, the case goes back to the 9th Circuit, which has already given a strong indication that it would strike down the law when it upheld a preliminary injunction preventing the law from going into effect.
Much more on the arguments later on Lawyers USA online.